Shall a father who abuses or mistreats his son be prosecuted for criminal liability in Vietnam?
Shall a father who abuses or mistreats his son be prosecuted for criminal liability in Vietnam? What are administrative fines imposed on a father, who abuses or mistreats his son in Vietnam? What are obligations of the father towards his children in Vietnam?
Today, I read a very pitiful case. A father used a belt to tie the child's neck and dragged him out into the street and made the dog bark after hearing his wife say that his 10-year-old son stole 100 thousand. It is known that he had previously behaved badly towards his son. Can I ask if this person will be prosecuted for criminal liability? Thank you!
Shall a father who abuses or mistreats his son be prosecuted for criminal liability in Vietnam?
Pursuant to Article 185 of the Criminal Code in 2015 stipulating maltreatment or abuse of one's grandparent, parent, spouse, child, grandchild or caregiver as follows:
1. Any person who maltreats or commits violent acts against his/her grandparent, parent, spouse, child, grandchild or caregiver in any of the following circumstances shall receive a warning, face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The victim suffers from regular physical and mental pain;
b) The offender has incurred an administrative penalty for the same offence.
2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The offence is committed against a person under 16, a woman with the full knowledge of her pregnancy or an old and weak person;
b) The offence is committed against a person with severe or extremely severe disabilities or a person having a fatal disease.
As regulations above, the father had repeatedly acted cruelly and used a belt to tie his son's neck and drag him out into the street, forcing him to bark like a dog. Therefore, he will face imprisonment sentence from 2 to 5 years for committing the crime of abusing or torturing grandparents, parents, spouses, children, grandchildren, or caregiver.
Shall a father who abuses or mistreats his son be prosecuted for criminal liability in Vietnam? - Source: Internet
What are administrative fines imposed on a father, who abuses or mistreats his son in Vietnam?
Pursuant to Article 53 of the Decree 144/2021/NĐ-CP stipulating acts of torturing or abusing family members as follows:
1. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for any of the following violations:
a) Mistreating the family members, such as forcing them to abstain from eating and drinking, suffer from coldness, wear torn clothes, prohibit or restrict personal hygiene;
b) Neglecting without care for family members as elderly, disabled, pregnant woman or nursing woman;
2. Remedial measure:
a) Mandatory public apology upon the victim’s requirement for the acts specified in Clause 1 of this Article;
Pursuant to Clause 2 Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:
2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.
Therefore, a father who abuses or tortures his child will be fined from 10 million to 20 million VND, and forced to publicly apologize to the child.
What are obligations of the father towards his children in Vietnam?
Pursuant to Article 69 of the Law on Marriage and Family in 2014 sitpulating obligations and rights of parents as follows:
1. To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.
2. To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.
3. To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.
4. Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.
According to the regulations above, a father has the obligation to love his children, respect their opinions, look after, raise, care for, and protect the legitimate rights and interests of his children, and other obligations as stipulated above.
Best regards!
